A swimming pool can often be considered permitted development meaning planning permission is not required. However, there are some important caveats, to be aware of to avoid falling foul of the most common permitted development mistakes. Only houses have permitted development rights but not all houses have permitted development rights. Flats, maisonettes, and commercial properties always need planning permission.
Planning Constraints
Planning constraints such as conservation areas, listed buildings, world heritage sites, areas of outstanding natural beauty, article 4 directions or even living under a flight path may limit or remove your permitted development rights. Any previous developments even by a previous owner a long time ago may have used some, or all of your Permitted Development rights, meaning planning permission IS required.
Planning policies are also ever-changing. Even if your swimming pool is permitted development today, the council can impose new planning constraints that remove your permitted development rights at any time in the future. This could result in a breach of planning, and risk enforcement action. If an enforcement notice is issued and retrospective planning permission is refused you would need to demolish the swimming pool and restore the property back to its original state.
When Can A Swimming Pool Be Permitted Development?
If your house has permitted development rights and there are no hidden constraints that removed your PD rights, your swimming pool may not need planning permission if it meets ALL of the following:
The swimming pool must be located within the curtilage of your property or in other words the garden.
It must not be built in the front garden or in a position where it significantly alters the appearance of the property from the street.
It must not take up more than 50% of the curtilage, including any extensions since 1948 or when the house was built.
In designated areas, the total area of a pool, more than 20 meters from a house must not exceed 10 square meters.
The pool should be for private use, not for commercial purposes.
No major engineering works should be required to construct the pool, such as extensive excavations or significant alterations to ground levels.
You may need to ensure that water disposal doesn’t affect neighbours or the local environment.
However, even if your swimming pool meets these criteria, you may still need planning permission.
It is important to note that 20% of our planning applications are retrospective and 99% of these were sure they didn’t need planning permission but got it wrong.
With this in mind, it’s best to check with your local planning authority or a chartered town planner before commencing work to limit your risk and expense.
How to Find Out If You Need Planning Permission?
To find out if you need planning permission you have 2 options.
The first option is to submit a pre-application to your council.
This requires architectural drawings showing the property before and after the works, along with a detailed proposal explaining your plans and how they meet the relevant planning policies.A pre-app costs up to £600 and typically takes 5 to 8 weeks for a response, though it’s not a legal determination and doesn’t guarantee approval.
Alternatively, our town planners can provide a planning appraisal.
We check the same planning policies, planning history, and planning constraints as the council but without the need for architectural drawings or a detailed proposal. The advantage of a planning appraisal is you’ll get the answers you need within a day instead of waiting weeks.
A Lawful Development Certificate
For anything likely to be considered Permitted Development it is always recommended to obtain a Lawful Development Certificate before commencing any works.A Lawful Development Certificate is the only way to prove that your development is Permitted Development and does not need planning permission.
It is also often required when selling or remortgaging your property, to prove to buyers or lenders that all modifications are lawful.Without planning permission or a lawful development certificate your swimming pool may not increase the value of your property.By securing a Lawful Development Certificate, you’re investing in both the future security and potential value of your property.
Yes, a swimming pool can sometimes be permitted development if it is located within the garden of a house and meets the relevant planning rules. The pool must normally be for private domestic use, must not take up too much of the curtilage, and must not be affected by planning constraints that remove or restrict permitted development rights.
When does a swimming pool need planning permission?
Planning permission may be required if the swimming pool does not meet permitted development limits, is located in a restricted area, involves significant engineering works, is used commercially, or is affected by planning constraints such as conservation areas, listed buildings, Article 4 directions or previous development at the property.
Can I build a swimming pool in my garden without planning permission?
In some cases, yes. A swimming pool in the rear garden of a house may not need planning permission if it falls within permitted development rules and is for private use. However, the full planning history and any hidden constraints should be checked before work begins.
Do swimming pools in conservation areas need planning permission?
Swimming pools in conservation areas, listed building settings, World Heritage Sites, National Parks or areas of outstanding natural beauty are more likely to need planning permission. Even where permitted development rights might normally apply, protected locations can have stricter rules and should always be checked carefully.
Does a swimming pool count towards the 50% garden rule?
Yes, a swimming pool can count towards the rule that buildings and other development must not cover more than 50% of the land around the original house. Previous extensions, outbuildings and other developments may also count, so the total coverage should be checked before assuming the pool is permitted development.
Can I build a swimming pool in my front garden?
A swimming pool in a front garden is more likely to require planning permission, especially if it would affect the appearance of the property from the street. Swimming pools are usually more straightforward from a planning perspective when located within the rear garden and screened from public views.
Should I get a Lawful Development Certificate for a swimming pool?
Yes, it is often sensible to obtain a Lawful Development Certificate if you believe your swimming pool is permitted development. This gives formal confirmation from the local planning authority that the proposal is lawful and can help avoid problems when selling, remortgaging or responding to future enforcement concerns.
What happens if I build a swimming pool and it is not permitted development?
If the swimming pool needed planning permission and was built without approval, the council may investigate and could take enforcement action. You may need to submit a retrospective planning application, alter the works or, in serious cases, remove the pool and restore the land.
AuthorEllie LawsCHARTERED TOWN PLANNER
After securing a law degree in 2003, Ellie became a RTPI town planner in 2019 has since gained substantial experience with planning applications of all sizes from householder to major planning applications in a wide range of industries including education, residential, healthcare, commercial, and industrial sectors.
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